Respondent owns and operates an ammonia refrigeration system at its food distribution warehouse facility (the Facility). EPA inspectors completed an inspection at the Facility on September 27 through September 29, 2021, to evaluate Respondent’s compliance with CAA 112(r).
The respondent’s process at the Facility is a covered process that is subject to the requirements of CAPP in accordance with 40 C.F.R. § 68.10(a) of CAPP and the requirements of Program 3 in accordance with 40 C.F.R. § 68.10(i). Respondent provided records during and after the inspection on September 27 through 29, 2021 that were related to its implementation of the CAPP, such as the standard operating procedures (SOP), process safety information (PSI), management of change (MOC), risk management plan (RMP), and pre-startup safety review (PSSR).
Count I – II – Process Safety Information
At the time of the September 27-29, 2021, inspection, Respondent failed to include an upper or a lower limit to each parameter listed in its safe upper and lower limit records; and, as a consequence of deviation records, failed to identify a safety-related consequence to deviating from the parameters identified in its safe upper and lower limit records. These records were part of the Facility’s SOP for each of the following equipment.
High-Pressure Receiver Vessels
a. The SOP did not have safe low pressure identified in safe upper and lower limit and a safety consequence of deviation for low pressure at the time of the inspection.
b. The SOP did not have safe low temperature identified in safe upper and lower limit for low temperature at the time of the inspection, even though there is a safety consequence of deviation.
c. The SOP did not have a consequence of deviation analysis for high level of anhydrous ammonia, which was included in the safe upper and lower limit.
High Temperature Vessel
a. The SOP did not have safe low pressure identified in safe upper and lower limit and a safety consequence of deviation.
b. The SOP did not have safe high temperature identified in safe upper and lower limit, even though there was a safety related consequence of deviation for high temperature.
c. The SOP did not have a consequence of deviation analysis for high level of anhydrous ammonia, which was included in the safe upper and lower limit.
Compressor
a. The SOPs for RB1, RB2, RC1, RC2, and RC3 compressors did not have an upper and lower limit identified for discharge temperature.
b. The SOPs for RB1, RB2, RC1, RC2, and RC3 compressors did not have a consequence of deviation analysis for low discharge pressure, which was included in the safe upper and lower limit.
By failing to record all safe upper and lower limits and consequence of deviation in the PSI, Respondent did not complete the compilation of the PSI that would enable an owner or operator to identify and understand the hazards posed by a process, in violation of 40 C.F.R. § 68.65(a) and (c) of CAPP.
Count III – Risk Management Plan
During the September 27-29, 2021, inspection, EPA learned that the Facility emergency contact listed in the RMP had not been employed at the Facility since February 2021.
During the September 27-29, 2021, inspection, a Facility representative acknowledged that the Facility had not updated its RMP to include the name, title, telephone number, 24-hour telephone number, and e-mail address of the current emergency contact.
Respondent failed to update its emergency contact information listed in the RMP within a month of the change of personnel, in violation of 40 C.F.R. § 68.195(b).
Count IV – Recordkeeping
Respondent’s written procedure for the Facility established pursuant to Section 68.75a of CAPP states that the Facility must initiate a MOC Record within 72 hours of a permanent change.
During the September 27-29, 2021, inspection of the Facility, Respondent did not have available the MOC Record it created following a permanent change, the installation of an ammonia loading station, on August 22, 2019.
During the September 27-29, 2021, inspection of the Facility, Respondent did not maintain the record of the PSSR following a significant modification that required a change to the PSI, the installation of an ammonia loading station, on August 22, 2019.
By failing to maintain the MOC Record and PSSR following the installation of the ammonia loading station, Respondent failed to maintain records supporting the implementation of CAPP at the Facility for five years, in violation of 40 C.F.R. § 68.200.
Civil Penalty
The complainant has determined that an appropriate civil penalty to settle this action is $12,000.
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